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Stephen Hawking's NHS Judicial Review Receives a Cost Boost

on Tuesday, 03 April 2018.

Professor Stephen Hawking was a vocal champion of the NHS, and had been battling with the Health Secretary Jeremy Hunt over the future of the NHS. He had stated that he would not have had such a long life without the NHS.

In 2017 Hawking joined a group of health campaigners, JR4NHS, in a bid to launch a judicial review against the government's policy on Integrated Care Organisations (ICOs). The new policy, which included plans to allow private companies to play a greater role in the NHS, was warned by Hawking as being "an attack on the fundamental principles of the NHS" which will "Americanise" the NHS.

Prior to his death, Hawking, together with three doctors and a former civil servant who co-chairs 'Keep Our NHS Public', was leading JR4NHS through the judicial review. On 22 February 2018 they were given a major costs boost in their challenge of government policy on ICOs in the High Court. 

The High Court ruling found against the Secretary of State and NHS England, allowing the application for a cost capping order made by Hawking and the health campaigners. The ruling means that if JR4NHS is unsuccessful with their judicial review application, their liability for costs will be limited to a maximum of £160,000.

The ruling also capped the Secretary of State and NHS England's liability to pay JR4NHS' costs at £115,000 if the defence is unsuccessful. JR4NHS had originally offered a cap of £100,000.

The case was noted as being one which met the statutory test of public interest, brought by responsible and public-spirited individuals, where a cap was required for defendant costs.

In a statement, the group said: "This judgment is fantastic news and a great relief. We now know that the money our supporters have donated will be enough to pay the defendants’ costs if we were to lose the [judicial review], and with a bit more fundraising we have a good chance of being able to cover our lawyers’ 'reduced fee' costs."

The Department of Health and Social Care has described the claim that ICOs could jeopardise the NHS as 'irresponsible scaremongering'.

Following Hawking's death on 14 March 2018, JR4NHS tweeted "We have been inspired by and will always be grateful for the way he was prepared…to highlight the plights of the NHS, robustly defending its core values…We were privileged to be joined by him as he continued to make this contribution right up to the end of his life and…this judicial review is a testament to how much he cared about the NHS. The case continues".


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